N.G. Hatton Trust v. Robert D. Young and Ellen M. Young

Bradford, Judge.

Case Summary

[1] This case involves a dispute between owners of adjoining lakefront lots on Shriner Lake in Whitley County, Indiana. Appellant-Plaintiff the N.G. Hatton Trust ("the Trust") 1 appeals from the trial court's order concluding that Appellees-Defendants Robert D. Young and Ellen M. Young ("the Youngs") owed no duty to the Trust pursuant to the common enemy doctrine and the county's zoning ordinance. Specifically, the Trust claims that the trial court improperly found that the water diverted from the Youngs' property was surface water for purposes of the common enemy…